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In the state of Tennessee, businesses that engage in telephone solicitation are required to navigate the regulatory measures put in place to respect the privacy of its residents, primarily through the "Do-Not-Call Register." The Tennessee PS 0376 form serves as the Telephone Solicitor Registration Application, a critical document for businesses looking to comply with these regulations. Located at the Tennessee Regulatory Authority in Nashville, this form facilitates access to the state’s Do-Not-Call list, enabling businesses to refine their marketing strategies while adhering to legal requirements. Businesses need to provide detailed information, including the federal tax ID, the nature of the operation, and specify whether they are applying for a new registration or re-registering. It also requires data on the designated contact person for TRA inquiries and the person authorized to respond to notices of alleged violations. Notably, the application demands information regarding the use of automatic dialing and announcing devices (ADADs) or predictive dialers, and if the telemarketing services are outsourced, details of the telemarketing company must be provided. Additionally, it outlines the need for a registered agent for service of process within Tennessee and includes the cost of registration, which varies depending on whether the applicant is a standard registrant or a principal solicitor. With fees ranging from $500 for standard registration to significantly more for principal solicitors, depending on the number of independent solicitors listed in an attached supplemental document. The form also contains a compliance statement whereby applicants affirm their adherence to TRA rules and state laws, an essential step in ensuring transparent and legal telephone solicitation practices in Tennessee.

Document Preview Example

Tennessee Regulatory Authority

460 James Robertson Parkway

Nashville, TN 37243-0505

Telephone Solicitor Registration Application

Application is hereby made to obtain access to the Tennessee “Do-Not-Call Register” pursuant to TRA Rule 1220-4-11-.04 Registration submitted for July 1, 2012 – June 30, 2013. Please print or type the information requested below.

Federal Taxpayer ID or SS# of Applicant ____________________ Check one: New Registration _____ Re-registering_____

Name of Your Company

__________________________________________________________________________________________________

Legal name of corporation, partnership, or proprietorship for which application is made.

________________________________________________________________________________________________________________________

Business or individual name used when contacting the public.Trade name(s), assumed name(s) or fictitious names used.

Nature of Business_______________________________________________________________________________________________________

This registration is for: _______ Standard Registration ________Principal Solicitor (mark one with X)

Choose one: Delivery by E-mail of the DNC List: email address________________________ For delivery by CD check here__________

Contact person for inquiries from the TRA. (Mailing address for contact must be within US borders; phone numbers must be US area codes or toll free numbers. This is the only person authorized to make changes to your company information. This person is responsible for keeping all application information on file, correct and updated with the TRA.

Phone #______________________ Fax #___________________ E-mail Address ________________________________

__________________________________________________________________________________________________

Designated Contact Name

Address

City

State Zip Code

Person authorized to respond to notices of alleged violations from TRA.

Phone #______________________ Fax #____________________ E-mail Address_______________________________

__________________________________________________________________________________________________

Name of authorized person

Address

City

State Zip Code

Is applicant utilizing ADADs or predictive dialers for calls originating or terminating in Tennessee?

Yes____ No _____

Provide the telephone number(s) for responding to inquiries relative to the telephone solicitation during hours when

telephone solicitations are being made. Toll Free (

)____-__________.

 

Provide name, address and telephone number of Telemarketer if your telemarketing is being outsourced:

__________________________________________________________________________________________________

Name of Company Contact Person AddressCity StateTelephone number

Provide the name, address and telephone number of the Registered Agent for Service of Process. (must be located in Tennessee)

__________________________________________________________________________________________________

Name

Address

City

State Zip Code

Telephone #

email address

PS-0376 (REV 4/10)

 

 

 

 

 

On a separate sheet of paper marked as supplemental attachment 2, list the name, address and telephone number of all subsidiaries and affiliate companies associated with your company which will have access to your Do-Not-Call Register. An affiliate company is one that your company effectively controls because of its ownership interest. A subsidiary company is one as to which your company owns more than 50% of the voting shares.

If you are registering as a Principal Solicitor, submit a supplemental attachment 1 with this application.

FEE:

1.If you marked standard registration, mail the completed application (original) along with any attachments thereto including a certified cashier’s check or money order for $500.00 to: Tennessee Regulatory Authority, Attn: DO-NOT-CALL REGISTER, 460 James Robertson Parkway, Nashville TN 37243-0505.

2.If you marked Principal Solicitor, mail the completed application including a certified cashier’s check or money order in the amount of $1,000.00 and an additional $50.00 for each independent solicitor listed on the supplemental attachment 1 to: Tennessee Regulatory Authority, Attn: DO-NOT-CALL REGISTER, 460 James Robertson Parkway, Nashville TN 37243-0505.

Compliance Statement:

The Tennessee “Do-Not-Call Register” telephone solicitor applicant, hereby, affirms the following:

I/We will comply with the Tennessee Regulatory Authority’s (“TRA”) Rules and Regulations Chapter 1220- 4-11 and all other applicable state laws, including but not limited to T.C.A. Section 65-4-401, et seq.

I/We will notify the Tennessee Regulatory Authority within thirty (30) days of any material change relative to this application or the information contained therein.

Having been duly sworn, and under the penalties of perjury, I hereby certify that the representations in the APPLICATION and all attachments are true and correct to the best of my knowledge and belief.

 

___________________________

 

SIGNATURE

______________________________________________

_________________________________

NAME OF APPLICANT-COMPANY NAME

PRINTED NAME

 

_________________________________

 

TITLE

Subscribed and sworn to or affirmed before me, this __________day of _________________________ , _____________________.

Day

Month

Year

Known to be the person named in, and who executed the foregoing application.

 

 

My commission expires on ________________________.

_________________________________________

 

 

Signature of Notary and Authorized Official

Seal

Additional information on the Do-Not-Call Program, including a copy of the Program’s Rules and Regulations, can be obtained from the TRA Webpage

located at www.tn.gov/tra. All questions regarding the information on this application should be referred to (615)741-3939, ext. 162.

Page 2 of 2

PS-0376 (REV 4/10)

Document Data

Fact Name Description
Form Identification The form is identified as PS-0376, with a revision date of April 2010.
Governing Law The application process is governed by TRA Rule 1220-4-11-.04 and T.C.A. Section 65-4-401 et seq., which are designed to regulate telephone solicitation practices within Tennessee.
Registration Purpose The form is utilized to apply for access to the Tennessee “Do-Not-Call Register,” a tool aimed at reducing unwanted telemarketing calls to residents.
Fee Structure The application fees depend on the type of registration: $500 for standard registration or $1,000 for Principal Solicitor registration, with an additional $50 for each independent solicitor listed.

Detailed Guide for Using Tennessee Ps 0376

Filling out the Tennessee PS 0376 form, which serves as a Telephone Solicitor Registration Application, is a crucial step for entities looking to access the Tennessee "Do-Not-Call Register." Adhering to the regulations and providing accurate information is essential for compliance and avoiding potential penalties. The process involves several steps, from determining your registration type to affixing a notary's official seal. Here's how to navigate this form effectively:

  1. Indicate whether this registration is new or a re-registration by checking the appropriate box at the top of the application.
  2. Enter your Federal Taxpayer ID or Social Security Number in the designated space.
  3. Provide the full name of your company as it's legally recognized (corporation, partnership, or proprietorship).
  4. Include any trade names, assumed names, or fictitious names used when contacting the public under the business or individual name section.
  5. Describe the nature of your business in the space provided.
  6. Decide if you are applying for Standard Registration or as a Principal Solicitor, and mark the corresponding box with an X.
  7. If you prefer to receive the Do-Not-Call List via email, provide your email address; otherwise, check the box for CD delivery.
  8. Designate a contact person for inquiries from the Tennessee Regulatory Authority (TRA), including their mailing address, phone number, fax number, and email address—all of which must be within US borders and include US area codes or toll free numbers.
  9. Identify the person authorized to respond to notices of alleged violations from the TRA, including their contact details and address.
  10. Answer if you are utilizing ADADs or predictive dialers for calls originating or terminating in Tennessee by marking yes or no.
  11. Provide the toll-free number(s) for responding to inquiries relative to your telephone solicitation during operational hours.
  12. If outsourcing telemarketing, list the name, address, and telephone number of the telemarketing company being used.
  13. Include the name, address, and telephone number of your Registered Agent for Service of Process in Tennessee.
  14. On a separate sheet labeled as supplemental attachment 2, list all subsidiaries and affiliate companies associated with your company that will have access to the Do-Not-Call Register.
  15. If registering as a Principal Solicitor, submit supplemental attachment 1 with this application.
  16. Determine the fee based on your registration type ($500 for Standard Registration, $1,000 for Principal Solicitor, and an additional $50 for each independent solicitor) and prepare a certified cashier’s check or money order for the correct amount.
  17. Mail the completed application, any attachments, and the required fee to the Tennessee Regulatory Authority at the address provided on the form.
  18. Include your signed compliance statement, confirming adherence to TRA's rules and applicable state laws.
  19. Ensure that the application is signed by the applicant, printed with the applicant's name and title, and then notarized.

Once you've submitted the form and necessary documentation, your application will be reviewed for completeness and compliance with state regulations. It's important to keep all information up to date, notifying the Tennessee Regulatory Authority within 30 days of any changes. Complying with these steps ensures that your organization can access the Do-Not-Call Register as intended, helping to navigate the complexities of telephone solicitation regulations.

Important Questions on This Form

What is the Tennessee PS 0376 form?

The Tennessee PS 0376 form is a document used by telephone solicitors to register for access to the Tennessee "Do-Not-Call Register." This registry is managed by the Tennessee Regulatory Authority to regulate telemarketing activities within the state. The form requires detailed information about the applicant, including their business name, nature of business, contact details, and compliance agreement statements.

Who needs to submit the Tennessee PS 0376 form?

Any telephone solicitor who intends to make telephonic sales calls to Tennessee residents is required to submit the Tennessee PS 0376 form. This includes both companies based in Tennessee and those located outside the state but targeting Tennessee residents. Whether new registration or re-registering, submission is mandatory for access to the Do-Not-Call Register.

What is the difference between Standard Registration and Principal Solicitor?

On the Tennessee PS 0376 form, applicants must select between Standard Registration and Principal Solicitor. Standard Registration is for businesses directly involved in making solicitation calls. Principal Solicitors, however, are those who oversee independent solicitors or subcontract the telemarketing activity. Principal Solicitors are required to provide additional information and pay a higher fee due to the extended scope of their operations.

How is the Do-Not-Call Register delivered?

Applicants can choose to have the Do-Not-Call Register delivered either by email or on a CD. An email address must be provided for electronic delivery. For those preferring a physical copy, a CD option is available, presumably with corresponding shipping information.

What is the fee for registering?

The application fee depends on the type of registration:

  • Standard Registration requires a fee of $500.00.
  • Principal Solicitor registration costs $1,000.00, with an additional $50.00 for each independent solicitor listed on a supplemental attachment.
Payment must be submitted by certified cashier’s check or money order.

Can companies use Automatic Dialing and Announcing Devices (ADADs) or predictive dialers?

Applicants are required to disclose whether they utilize ADADs or predictive dialers for calls originating or terminating in Tennessee. This information must be clearly indicated on the form, highlighting the regulatory authority's focus on managing automated calling technologies.

What is the process for updating application information?

Registrants must notify the Tennessee Regulatory Authority within 30 days of any material changes to the information provided in the application. This ensures that the registry is up-to-date and reflects current operations and contact details.

Where can additional information about the Do-Not-Call Program be found?

More details about the program, including its rules and regulations, are available on the Tennessee Regulatory Authority's webpage. For direct inquiries, the authority provides a phone number. This resource is crucial for ensuring compliance and understanding the regulatory landscape for telephone solicitation in Tennessee.

Common mistakes

Filling out the Tennessee PS 0376 form, a Telephone Solicitor Registration Application, may seem straightforward but can often lead to mistakes if not completed with attention to detail. These errors can delay the registration process or lead to issues with compliance. Below are seven common mistakes people make when completing this form:

  1. Incorrectly choosing between New Registration and Re-registering: Applicants sometimes overlook or mistakenly mark the wrong option. New applicants must ensure they select 'New Registration', and those updating or renewing their registration should choose 'Re-registering'.
  2. Not providing the complete legal name of the corporation, partnership, or proprietor/socket: It's crucial to enter the full and exact legal name as it appears in official documents to avoid discrepancies and potential legal issues.
  3. Omission of trade names, assumed names, or fictitious names used when contacting the public: Neglecting to list all names under which your business operates can lead to confusion and non-compliance with regulations.
  4. Failing to accurately describe the nature of the business: A vague or incomplete description may not adequately inform the TN Regulatory Authority of your business activities, which is essential for proper classification and compliance.
  5. Incorrect contact information for both the company and the designated contact for TRA inquiries: Submitting wrong or incomplete contact details can impede communication between your company and the TRA, leading to potential compliance issues.
  6. Not specifying whether ADADs or predictive dialers are being used: As regulations may vary for companies using these technologies, accurately disclosing this information is essential.
  7. Errors in payment: Misunderstanding the fee structure or sending the incorrect payment amount can delay processing. Standard registration requires a $500 fee, while Principal Solicitor registration costs $1,000 plus an additional $50 for each independent solicitor listed.

Additionally, common mishaps include missing signatures or dates which can render the application invalid until corrected. The Tennessee PS 0376 form also requires applicants to attach a supplemental attachment listing subsidiaries and affiliate companies associated with the main business, which is frequently overlooked or improperly completed.

To ensure a smooth registration process:

  • Double-check all sections for accuracy.
  • Provide all requested details as directed in the form instructions.
  • Ensure that all attachments are complete and clearly labeled.
  • Review the payment amounts and include the correct fees with your application.

Meticulous attention to completing the Tennessee PS 0376 form not only streamlines the process but ensures compliance with the Tennessee Regulatory Authority's requirements, helping applicants avoid unnecessary delays or legal challenges.

Documents used along the form

When engaging with the process of registering for access to the Tennessee Do-Not-Call Register, as stipulated by the Tennessee Regulatory Authority through form PS-0376, it's important to be aware of various other forms and documents that typically accompany or complement this main application. These documents play a crucial role in ensuring full compliance with state regulations and enhancing the efficiency of the registration process. Understanding the context and requirements for each of these additional forms will provide applicants with a smoother registration journey, ensuring all bases are covered for their telemarketing operations.

  • Certified Cashier’s Check or Money Order: This form of payment is required with the submission of the PS-0376 form. Depending on whether the registration is marked as standard or as a principal solicitor, the amount differs. This verifies the payment of the application fee, which is essential for processing the application.
  • Supplemental Attachment 1: For those registering as a Principal Solicitor, this document is necessary. It lists all independent solicitors associated with the principal solicitor’s company. This attachment ensures transparency and helps regulators understand the scope of your solicitation practices.
  • Supplemental Attachment 2: Required to list the name, address, and telephone number of all subsidiaries and affiliates that will have access to the Do-Not-Call Register through your company. This document aids in providing a comprehensive view of your business’s reach and affiliations in relation to telemarketing efforts.
  • Designated Agent for Service of Process: The name, address, and contact information for your company's designated agent in Tennessee must be provided. This individual or entity is authorized to receive legal documents on behalf of the company. It assures a point of contact within the state for any legal or regulatory correspondence.
  • Compliance Statement: An affirmation of the applicant’s agreement to abide by the TRA’s rules, including all applicable state laws. It requires a signature to attest to the accuracy of the application and its adherence to regulatory standards. This endorsement is critical as it legally binds the applicant to follow specific operational guidelines.

In addition to the principal PS-0376 form, these documents collectively facilitate legal compliance and operational integrity for telephone solicitors in Tennessee. They ensure that all entities operating within this domain are registered appropriately, have verifiable payment of fees, are transparent about their operations, and commit to uphold the law. Their completion and submission alongside the main application form are pivotal steps in achieving a compliant and successful telemarketing operation within the state. By familiarizing themselves with these required documents, applicants can navigate the registration process more effectively and with a fuller understanding of their responsibilities under Tennessee law.

Similar forms

The Tennessee PS-0376 form, used for Telephone Solicitor Registration to access the Tennessee “Do-Not-Call Register,” is closely akin to the Federal Trade Commission's (FTC) National Do Not Call Registry application form. Both documents are necessary for businesses that intend to make unsolicited calls to consumers and need to comply with state and federal regulations regarding telemarketing. They require detailed company information, acknowledgment of compliance with legal statutes, and payment of a registration fee. The primary purpose is to mitigate unwanted telemarketing calls to consumers who have opted out.

Similarly, the FCC's Form 499-A, the Telecommunications Reporting Worksheet, shares commonalities with the Tennessee PS-0376 form, as it is another regulatory compliance document. It is required for telecommunications carriers and certain other entities that provide interstate and international telecommunications within the U.S. The form collects company details, operational data, and contributions to the Universal Service Fund. Both documents ensure compliance with federal and state regulations, though they focus on different aspects of telecommunications services.

The Business License Application for the State of Tennessee is another document that has similarities with the PS-0376 form. While the Tennessee PS-0376 is specific to telephone solicitation, the Business License Application is broader, encompassing the requirement for any business operating within the state to register and obtain a license. Both applications require detailed information about the company, including legal structure and contact information, ensuring businesses operate legally within the state.

The Seller's Permit Application, required for businesses intending to sell goods and taxable services in Tennessee, also mirrors the PS-0376 form in several aspects. It necessitates comprehensive business information and acknowledgment of tax obligations, similar to how the PS-0376 requires acknowledgment of telemarketing regulations. Both forms facilitate state oversight of business activities, albeit for different regulatory reasons.

Additionally, the Tennessee Application for Registration of a Charitable Organization is closely related to the PS-0376 form. Charitable organizations that solicit funds must provide detailed information about their operations, just as telemarketers do in the PS-0376 form. Though serving different sectors, both applications aim to protect the public from fraud and ensure transparency in operations.

The Alcohol Beverage Commission's (ABC) Liquor License Application in Tennessee also shares parallels with the PS-0376 form. Both require entities to submit detailed information about their business and obtain approval before engaging in certain activities—selling alcohol in one case and telemarketing in the other. Each form plays a crucial role in regulating business conduct within the state.

Another similar document is the Professional License Application used by various professions within Tennessee, from healthcare to law. Like the PS-0376, professionals must provide personal and business information, prove qualifications, and often acknowledge adherence to specific regulations. Both forms are integral to maintaining professional standards and protecting consumers.

Finally, the Tennessee Workers' Compensation Exemption Registry Application can be compared to the PS-0376 form as well. While distinctly different in purpose—one is for exemption from workers' compensation requirements, and the other for telemarketing permissions—they both require applicants to provide detailed business information and to comply with Tennessee state laws. They represent different facets of business regulation, focusing on employee welfare and consumer protection, respectively.

Dos and Don'ts

When filling out the Tennessee PS 0376 form, it is important to adhere to several guidelines to ensure the application process is completed correctly and efficiently. Below are lists of things you should and shouldn't do while completing this form.

What you should do:
  • Ensure all information is accurate: Double-check to verify that all the information provided, including the Federal Taxpayer ID or SS# of the Applicant, and the name of the company, is accurate and up to date. This helps avoid any delays in the processing of your application.
  • Choose the correct registration type: Mark clearly whether this is a new registration or if you are re-registering. Also, carefully select whether you're applying for standard registration or as a Principal Solicitor, as the fees and requirements vary.
  • Provide all required contact details: Make sure to fill in all necessary contact information, including email addresses, phone numbers, and the mailing address for the contact person within US borders. This ensures the Tennessee Regulatory Authority (TRA) can reach you for any inquiries or updates.
  • Sign and date the compliance statement: The compliance statement at the end of the application is a crucial part, affirming that you will adhere to TRA's rules and regulations. Your signature and the date affirm the truthfulness and accuracy of the information provided in the application.
What you shouldn't do:
  • Omit any required attachments: If your company uses ADADs or predictive dialers, or if you are registering as a Principal Solicitor, additional attachments are necessary. Failing to include these can result in your application being incomplete.
  • Ignore the fee requirements: Do not forget to include the appropriate fee with your application. The fee for standard registration is $500.00, and for Principal Solicitor, it is $1,000.00 plus $50.00 for each independent solicitor listed. Payments should be made via certified cashier’s check or money order.
  • Use incorrect or outdated contact information: Providing contact information that is not current, including an outdated email address or phone number, can lead to communication issues with the TRA, possibly affecting your registration status.
  • Delay notifying TRA about changes: If there are any material changes to your application information or to your business circumstances, do not wait to inform the TRA. A delay beyond the 30-day requirement for notification can lead to complications with your registration or compliance status.

Misconceptions

When it comes to the Tennessee PS 0376 form, a Telephone Solicitor Registration Application, numerous misconceptions can mislead companies and individuals during the process. Clarifying these misconceptions ensures compliance with regulations and smoothens the registration process.

  • Misconception #1: The form is only for telemarketing companies.
  • While it is designed for telephone solicitors, any business that intends to access the Tennessee "Do-Not-Call Register" needs to complete this form, regardless of their primary nature of business.

  • Misconception #2: Registration is a one-time process.
  • Registration needs renewal every year, as indicated by the period specified on the form (e.g., "July 1, 2012 – June 30, 2013"). Companies must re-register and maintain their compliance annually.

  • Misconception #3: The registration fee is standard for all applicants.
  • The fee varies depending on the type of registration. Standard registration costs $500.00, whereas Principal Solicitor registration is $1,000.00 plus an additional $50.00 for each independent solicitor.

  • Misconception #4: Any change in business information does not need to be reported until the next renewal.
  • Any material change relative to the application or the information contained therein must be reported to the Tennessee Regulatory Authority within thirty (30) days of occurrence.

  • Misconception #5: Email delivery of the DNC list is automatic upon registration.
  • An email address must be provided for the delivery of the DNC list via email, or else it will be delivered by CD if the relevant section is checked.

  • Misconception #6: Out-of-state companies cannot register.
  • Out-of-state companies can register as long as they appoint a Registered Agent for Service of Process located in Tennessee.

  • Misconception #7: Only telemarketers need to worry about compliance.
  • All registered solicitors, not just telemarketers, need to comply with the Tennessee Regulatory Authority’s rules and regulations and applicable state laws.

  • Misconception #8: Utilizing ADADs (automatic dialing and announcing devices) or predictive dialers is unrestricted.
  • Applicants must declare whether they are utilizing ADADs or predictive dialers for calls originating or terminating in Tennessee, indicating compliance with specific regulatory requirements.

Clearing up these misconceptions about the PS 0376 form not only enhances understanding but also assists entities in navigating the legal landscape related to telephone solicitation in Tennessee more effectively.

Key takeaways

When it comes to navigating the Tennessee PS 0376 form for telephone solicitation and understanding the “Do-Not-Call Register,” there are several key takeaways that can ensure businesses comply with regulations while protecting consumer rights. Here's a detailed walkthrough:

  • Know the Type of Registration: It's essential to distinguish between a new registration and re-registering. This distinction affects the submission process and potentially, the fees involved.
  • Correctly Identify Your Business: Providing accurate information about your business, including the legal name, trade names, and the nature of the business, is crucial. This step ensures clarity and legitimacy in your registration.
  • Choose the Right Registration Option: Deciding between a standard registration and registering as a Principal Solicitor is a significant choice, which impacts the cost of the registration and the scope of responsibilities.
  • Specify Your Delivery Preference: Indicate whether you prefer to receive the DNC list via email or CD. This choice will affect how you access the list and maintain compliance with the regulations.
  • Designate Your Contacts Carefully: Designating a contact person for inquiries and an authorized person for responding to notices of alleged violations is a compliance requirement. Ensuring these contacts are reachable and responsible is key.
  • Disclose Technology Use: Transparency about the use of automated dialing and predictive dialer technologies in your solicitation practices is mandatory for technology-related compliance.
  • Outsourcing Telemarketing Requires Disclosure: If your telemarketing is being outsourced, providing details about the telemarketer, including the company name, contact person, and contact information, is necessary for a comprehensive registration.
  • Submit Supplementary Information: For companies with subsidiaries or affiliate companies, additional information on these entities must be provided. This ensures the TRA has a complete understanding of your business structure and practices.
  • Fulfill the Fee Requirement: A non-negotiable part of the process involves submitting the correct fee with your registration. The fee varies depending on whether you’re registering as a standard or Principal Solicitor, including additional charges for each independent solicitor affiliated with your operations.
  • Compliance Is Key: By signing the compliance statement, you’re not just filling out a form; you’re affirming your commitment to abide by all the relevant laws and regulations. This is a legally binding declaration of your intention to operate within the boundaries of the law.

Effectively managing the Tennessee PS 0376 form is more than a bureaucratic task; it's a critical step in ensuring your business operates ethically and legally in the realm of telephone solicitation. By understanding these key aspects, businesses can navigate the registration process efficiently, fostering trust and compliance in their operations.

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